Environmental Agency Protection The Agency may issue, when it deter­

AUTHENTICATEDv-;
U.S. GOVERNMENT
INFORMATION
CPO
Pf. 156
Environmental Protection Agency
§ 155.56
Interim
decision.
re gistra tion
review
The Agency may issue, when it deter­
mines it to be appropriate. an interim
registration r eview decision before
completing a registration review.
Among other things, the interim reg­
istration review decision may require
new risk mitigation measures, impose
interim risk mitigation measures.
identify data or information required
to complete the review, and include
schedules for submitting the required
data, conducting the new risk assess­
ment and completing the registration
review. A FIFRA 3(c)(2)(B) notice re ­
quiring the needed data or information
may precede. accompany, or follow
issuance of the interim registration re­
view decision. The Agency will follow
procedures in § 155.58 when issuing an
interim registration review decision .
§ 155.57
Registration review decision.
A registration review decision is the
Agency's determ ination whether a pes­
ticide meets, or does not meet, the
standard for registration in FIFRA.
final interim decision on a registration
review case .
(4) Specify proposed labeling chang·es;
and
(5) Identify deadlines that; it intends
to set for completing any required ac­
tions.
(c) After considering any comments
on the proposed decision, the Agency
will issue a registration review deci­
sion or interim registration review de­
cision . This decision will include an ex­
planation of any changes to the pro­
posed decision and the Agency's re­
sponse to significant comments. The
Ag·ency will publish a notice in the
F EDERA L Rl,GISTER announcing the
availability of a registration review de­
cision or interim registration review
decision. The registration revi ew case
docket wi ll remain open until all ac­
tions required in the final decision on
the registration review case have been
completed.
(d) If the registrant fails t o take the
action required in a registration review
decision or interim registration review
decision, the Agency may take appro­
priate action under FIFRA.
§ 155.58
Procedures for issuing a deci­
sion on a registration review case.
(a) The Agency will publish a notice
in the FEDERAL REGISTER announcing
the availability of a proposed registra­
tion review decision or a proposed in­
terim registration review decision. At
that time, the Agency will place in the
pesticide's registration review docket
the Agency's proposed decision and the
bases for the decision. There will be a
comment period of at least 60 calendar
clays on the proposed decision.
(b) In its proposed decision, the Agen­
cy will, among other things:
(1) State its proposed findings with
respect to the FIFRA standard for reg­
istration and describe the basis for
such proposed findings.
(2) Identify proposecl risk mitigation
measures or other remedies as needed
and describe the basis for such pro­
posed requirements.
(3J State whether it believes that ad­
ditional data are needed and, if so, de ­
scribe what is needed. A FIFRA
3(c)(2)(B) notice requiring such data
may be issued in conjunction with a
proposed or fi nal decision on the reg­
istration review case or a proposed or
61
PART
156-LABELING
REQUIRE­
MENTS FOR PESTICIDES AND DE­
VICES
Subpart A-General Provisions
Sec.
156.3 Definitions.
156.10 Labeling requirements.
Subparts B-C [Reserved]
Subpart D-Human Hazard and
Precautionary Statements
156.60 General.
156.62 Toxicity Category.
156.64 Signal word.
156.66 Child hazard warning.
156.68 First aid statement.
156 .70 Precauti onary statement s for human
hazards.
156.78 Precautionary statements for phys­
ic:al or chemical hazards.
Subpart E- Environmenta l Hazard and
Precautionary Statements
156.80 General.
156 .85 Non-target organisms.
Subparts F-G [Reserved]
40 CFR Ch. I (7-1-1 0 Edition)
§ 156.3
Subpart H-Container Label ing
156.140 Identification of container types.
156.144 Residue removal instructions-gen­
eral.
156.146 Residue removal instructions for
nonrefillable
containers-rigid
con­
tainers with dilutable pesticides.
156.156 Residue removal instructions for re­
fillable containers.
156.159 Compliance date.
Subparts 1-J [Reserved)
Subpart K- Worker Protection Statements
156.200 Scope and applicability.
156.20:l Definitions.
156.204 Modification and waiver of requireInents.
156.206 General st atements.
156.208 Restricted-entry statements.
156.210 Notification-to-workers statements.
156.212 Personal
protective
equipment
st atements.
AUTHOR.l'l'Y:
7 U.S.C . 136-136y.
Subpart A-General Provisions
§ 156.3
Definitions.
Terms used in this part have the
same meaning as in the Act and part
152 of this chapter. In addition. as used
in this part, the follo wing terms shall
have the meanings set forth below.
Dilu table means that the pesticide
product's labeling all ows or requires
the pesticide product to be mixed with
a liquid diluent prior to applicat ion or
use.
Transport vehicle means a cargo-car­
rying vehicle such as an automobile,
van, tractor, truck, semitrailer, tank
car or rail car used for the transpor­
tation of cargo by any mode.
[73 FR 64224 , Oct. 29, 2008]
§ 156.10
Labeling requirements.
(a) Genera l- (1) Contents of the label.
Every pesticide product shall bear a
label containing the information speci­
fied by the Act and the regulations in
this part. The contents of a label must
show clearly and prominently the fol­
lowing:
(i ) The name , brand, or trademarlr
under which the product is sold as pre­
scribed in paragraph (b) of this section;
(ii) The name and address of the pro­
ducer, registrant, or person for whom
produced as prescribed in paragraph (c)
of this section;
(iii) The net contents as prescribed in
paragraph (d) of this section;
(iv) The product registration number
as prescribed in paragraph (e) of this
section;
(v) The producing establishment
number as prescribed in paragraph (f)
of this section;
(vi) An ingredient statement as pre­
scribed in paragraph (g) of this section;
(vii) Hazard and precautionary state­
ments as prescribed in subpart D of
this part for human and domestic ani­
mal hazards and subpart E of this part
for environmental hazards.
(viii) The directions for use as pre­
scribed in paragraph (i) of this section;
and
(ix) The use classification(s) as pre­
scribed in paragraph (j) of this section.
(2) Prominence and legibility. (i) All
words, statements, graphic representa­
tions, designs or other information re­
quired on the labeling by the Act or
the regulations in this part must be
clearly legible to a person wi t h normal
vision, and must be placed with such
conspieuousness (as compared with
other words, statements, designs, or
graphic matter on the labeling) and ex­
pressed in such terms as t o render it
likely to be read and understood by the
ordinary individual under customary
conditions of purchase and use.
(ii) All required label text must:
(A) Be set in 6-point or larger type;
(B) Appear on a clear contrasting
background; and
(C) Not be obscured or crowded.
(3) Language to be used. All required
label or labeling text shall appear in
the English language. However, the
Ag·ency may require or the applicant
may propose additional text in other
languages as is considered necessary to
protect the public. When additional
text in another language is necessary,
all labeling requirements will be ap­
plied equally to both the English and
other-lang·uage versions of the label­
ing.
(4 )
Placement of Label- (i ) General.
'l'he label shall appear on or be securely
attached to the immediate container of
the pesticide product. For purposes of
this section, and the misbranding pro­
visions of the Act, "securely attached"
62 § 156.10
Environmental Protection Agenc y
shall mean that a label can reasonably
be expected to remain affixec1 during
the foreseeable conditions and period
of use. If the immediate container is
enclosed within a wrapper or outside
container through which the label can­
not be clearly read, the label must also
be securely attached to such outside
wrapper or container, if it is a part of
the package as customarily distributed
or sold.
(ii) Tank cars and other bulk con­
tainers- (A) Transportation. While a pes­
ticide product is in transit, the appro­
priate provisions of 49 CFR parts 170-­
189, concerning the transportation of
hazardous materials, and specifically
those provisions concerning the label­
ing·, marking and placarding of haz­
ardous materials and the vehicles car­
rying them , define the basic Federal
requirements. In addition, when a ny
registered pest icide product is trans­
ported in a tank car, tank truck or
other mobile or portable bulk con­
tainer, a copy of the accepted label
must be attached to the shipping pa­
pers, and left with the consignee at the
time of delivery.
(B) Storage. When pesticide products
are stored in bulk containers, whether
mobile or stationary, which remain in
the custody of the user, a copy of the
label of labeling, including all appro­
priate directions for use , shall be se­
curely attached to the container in the
immediate vicini ty of the discharge
control valve.
(5) False or misleading statemen ts. Pur­
suant to section 2(q)(1)(A) of the Act, a
pesticide or a device declared subject
to the Act pursuant to §152.500, is mis­
branded if its labeling is false or mis­
leading in any particular including
both pesticidal and non-pesticidal
claims. Examples of statements or rep­
resentations in the labeling which con­
stitute misbranding include:
(i) A false or misleading· statement
concerning the composition of the
product;
(ii ) A false or misleading statement
concerning the effectiveness of the
product as a pesticide or device ;
(iii) A fal se or misleading statement
about the value of the product for pur­
poses other t han as a pesticide or de­
vice;
(iv) A false or misleading comparison
with other pesticides or devices;
(v) Any statement directly or indi­
rectly implying that the pesticide or
device is recommended or endorsed by
any agency of the Federal Government;
(vi) Th e name of a pesticide which
contains two or more principal active
ingredients if the name suggests one or
more but not all such principal active
ingredients even though the names of
the other ingredients are st ated else­
where in the labeling;
(vii) A true statement used in such a
way as to give a false or misleading im­
pression to the purchaser;
(viii) Label disclaimers which negate
or detract from labeling stat ements re­
quired under the Act and these r egul a­
tions:
(ix) Claims as to the safety of the
pesticide or its ingredients, including
statements such as " safe," " nonpoi­
sonous, " "noninjurious," ' 'harmless"
or " nontoxic to humans and pets" with
or without such a qualifying phrase as
"when used as directed"; and
(x) Non-numerical and/or compara­
tive statements on the safety of the
product, including but not limited to:
(A) " Contains all natural ingredi­
ents" ;
(B) ·'Among the least toxic chemicals
kn own"
(C) " Pollution appr oved"
(6) Final printed labeli ng. (i) Except as
provided in paragraph (a)(6)(ii) of this
section, final printed labeling must be
submitted and accepted prior to reg­
istration. However, final printed label­
ing need not be submitted until draft
label texts have been provisionally ac­
cepted by the Agency.
(ii) Clearly legible reproductions or
photo reductions will be accepted for
unusual labels such as those silk­
screened directly onto glass or metal
cont ainers or large bag or dr um labels.
Such reproductions must be of micro­
film reproduction quality.
(b) Name, brand, or trademark. {1) The
name , brand, or trademark under
whi ch the pesticide product is sold
shall appear on the front pa nel of the
label.
(2) No name, brand, or trademark
may appear on the label whi ch:
(i) Is false or misleading, or
63 § 156.10
40 CFR Ch. I (7-1-10 Edition)
(ii) Has not been approved by the Ad­
ministrator through registration or
supplemental registration as an addi­
tional name pursuant to § 152.132.
(c) Name and address of producer,
registrant, or person for whom pro­
duced. An unqualified name and ad­
dress given on the label shall be consid­
ered as the name and address of the
producer. If t h e registrant's na me ap­
pears on the la bel and the registrant is
not the producer, or if the name of the
person for whom the pesticide was pro­
duced appears on the label, it must be
qualified by appropriate wording such
as " Packed for* * *," "Distributed by
* * *, " or "Sold by * * *" to show that
the name is not that of the producer.
tion or sale of the pesticide. As re­
quir ed in paragraph (a){1)(iii) of this
sect ion, the net contents must be
shown clearly and prominently on the
label.
(e) Product Tegistration numba . The
registration number assigned to the
pest icide product at the time of reg­
istration shall appear on the label, pre­
ceded by the phrase "EPA Registration
No .," or the phrase " EPA Reg. No. "
T he registration number shall be set in
type of a size and style similar to other
print on that part of the label on which
it appears and shall r un parallel to it.
The registration number and the re­
quired identifying phrase shall not ap­
pear in such a manner as t o suggest or
(d) Net weight or measure of contents.
imply recommendation or en dorsement
(1) The net weight or measure of con­ of the product by the Agency .
(f) Producing establishment's Tegistra­
tent shall be exclusive of wrappers or
other materials and shall be the aver­ tion number . The producing establish­
age content unless explicitly stated as ment registration number preceded by
the phrase "EPA Est." , of the final es­
a minimum quantity.
(2) If the pesticide is a liquid. the net tablishment at which the pr oduct was
content statement shall be in terms of produced may appear in a n y suitable
liquid measure at 68 °F (20 °C) and shall location on the label or immediate con­
be expr essed in conventional American tainer. It must appear on the wra pper
units of fluid ounces, pints, quarts, and or outside container of the package if
the EPA establishment regi stration
gallons.
(3) If the pesticide is solid or semi­ number on the immediate container
solid, viscous or pressurized, or is a cannot be clearly read through such
mixture of liquid and solid, the net wra pper or container. For a pesticide
content statement shall be in terms of product packaged in a refillable con­
weight expressed as avoirdupois pounds tainer, an appropriately sized area on
the label may be left blank after the
and ounces.
(4) In all cases, net content shall be phrase "EPA Est." to allow the EPA
stated in terms of the largest suitable establishment registration number to
units, i.e. , ''1 pound 10 ounces" rather be marked in by the refiller according
to 40 CFR 165.65(h) or 165.70(i) prior to
than " 26 ounces."
(5) In addition to the required units dist ribution or sale of the pesticide.
(g) Ingredient statement-(1) General.
specified, net content may be expressed
The label of each pesticide product
in metric units.
(6) Variation al) ove minimum content must bear a statement whi ch contains
or around an average is permissible the name and percentage by weight of
only to the extent that it r epr esents each active ingredient, the total per­
deviation unavoidable in good manu­ centage by weight of all inert ingredi­
facturing practice. Variation below a ents; and if the pesticide contains ar­
stated minimum is not per mitted. In senic in any form , a statement of the
no case shall the average content of percentages of total and water-soluble
the packages in a shipment fall below arsenic calculated as elemental ar­
senic. The active ingredients must be
the stated average content.
(7) For a pesticide product packaged designated by the term "active ingredi­
in a refillable container, an appro­ ents" and the inert ingredients by the
priately sized area on the label may be term " inert ingredients," or the sin­
left blank to allow the net weight or gular forms of these terms when appro­
measure of content to be marked in by priate. Both t erms shall be in the same
the refiner according to 40 CFR type size, be aligned to the same mar­
165.65(h) or 165.70(i) prior to distribu­ gin and be equally prominent. The
64 Environmental Protection Agency
§ 156.10
statement " Inert IngTedients, none " is
not required for pesticides which con­
tain 100 percent active ingredients. Un­
less the ingredient statement is a com­
plete analysis of the pesticide, the
term "analysis" shall not be used as a
heading for the ingredient statement.
batches, the value stated for each ac­
tive ingredient shall be the lowest per­
centage which may be present.
(6) Deterioration. Pesticides which
change in chemical composition sig­
nificantly must meet the following la­
beling requirements:
(2) Position of ingTedient statement. (i)
(i) In cases where it is determined
The ingredient statement is normally that a pesticide form ulation changes
required on the front panel of the label. chemical composition significantly,
If there is an outside container or
the product must bear the following
wrapper through which the ingredient statement in a prominent position on
statement cannot be clearly read, the the label: "Not for sale or use after
ingredient statement must also appear [date].''
on such outside container or wrapper.
(ii) The product must meet all label
If the size or fo rm of the package
claims up to the expiration time indi­
makes it impracticable to place the in­ cated on the label.
gredient statement on the front panel
(7) Inert ingredients . The Adminis­
of the label. permission may be granted trator may require the name of any
for the ingredient statement to appear inert ingredient(s) to be list;ed in the
elsewhere.
ingredient statement if he determines
(ii) The text of the ingredient state­ that such ingredient(s) may pose a haz­
ment must run parallel with other text ard to man or the environment.
(h) [Reserved]
on the panel on which it appears, and
(i) DiTections joT Use-(1) General re­
must be clearly distinguishable from
and must not be placed in the body of quirements- (i) Adequacy and clarity of
directions. Directions for use must be
other text.
stated in terms which can be easily
(3) Names to be used in ingredient state­
ment. The name used for each ingre­ read and understood by the average
dient shall be the accepted common person likely to use or to supervise the
name. if there is one, followed by the use of the pesticide. When followed, di­
chemical name. The common name rections must be adequate t o protect
may be used alone only if it is well the public from fraud and from per­
known. If no common name has been sonal injury and to prevent unreason­
established, the chemical name alone able adverse effects on the environ­
shall be used. In no case will the use of ment .
(ii ) Placement of directions for use. Di­
a trademark or proprietary name be
permitted unless such name has been rections may appear on any portion of
accepted as a common name by the Ad­ the label provided that they are con­
ministrator under the authority of sec­ spicuous enough to be easily read by
tion 25(c)(6).
the user of the pesticide product. Di­
(4) Statements of percentages. The per­ rections for use may appear on printed
centages of ingredients shall be stated or graphic matter which accompanies
in terms of weight-to-weight. The sum the pesticide provided that:
(A) If required by the Agency, such
of percentages of the active and the
inert ingredients shall be 100. Percent­ printed or graphic matter is securely
ages shall not be expressed by a range attached to each package of the pes­
of values such as " 22-25%. " If the uses ticide, or placed within the outside
of the pesticide product are expressed wrapper or bag;
(B) '.rhe label bears a reference to the
as weight of active ingredient per unit
area, a statement of the weig·ht of ac­ directions for use in accompanying
tive ingredient per unit volume of the leaflets or circulars, such as " See di­
pesticWe formulation shall also appear rections in the enclosed circular:" and
(C ) The Administrator determines
in tlle ingredient statement.
(5) Accuracy of stated percentages. The that it is not necessary for such direc­
percentages given shall be as precise as tions to appear on the label.
(ii i ) Exceptions to Tequirernent for direc­
possible reflecting good manufacturing
practice. If there may be unavoidable tion for use. (A) Detailed directions for
variation
between
manufacturing use may be omitted from labeling- of
65 40 CFR Ch. I (7-1·-10 Edition)
§ 156.10
pesticides which are intended for use
only by manufacturers of products
other than pesticide products in their
r egular manufacturing processes, pro­
videcl that:
(1) The label clearly shows that the
product is intended for use only in
manufacturi ng processes and specifies
the type(s) of products involved.
(2) Adequate information such as
technical clata sheets or bulletins. is
available to the trade specifying tho
type of product involved and its proper
use in manufacturing processes;
(3) The product will not come into
the hands of the general public except
after incorporation into finished prod­
ucts; and
(4) The Administrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment.
(B) Detailed directions for use may
be omitted from the labeling of pes­
ticide products for which sale is lim­
ited to physicians, veterinarians. or
druggists, provided that:
<1) The label clearly states that the
product is for use only by physicians or
veterinarians;
(2 ) The Admin istrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment; and
(3) 'I'he product is also a drug and
regulated under the provisions of the
Federal Food, Drug and Cosmetic Act.
(C) Detailed directions for use may
be omitted from the labeling of pes­
ticide products which are intended for
use only by formulators in preparing
pesticides for sale to the public, pro­
vided that:
(1) There is information readily
available to the formulators on the
composition, t oxicity, methods of use,
applicable restrictions or limitations,
and effectiveness of the product for
pesticide purposes;
(2) 'rhe label clearly states that the
product is intended for use only in
manufacturing, formulating, m1xmg,
or r epacking for use as a pesticide and
specifies the t ype(s) of pesticide prod­
ucts involved;
(3) The product as finally manufac­
tured, formulated, mixed, or repack­
aged is registered; and
(4) The Administrator determines
that such directions are not necessary
to prevent unreasonable adverse effects
on man or the environment.
(2) Contents of Directions for Use. The
direct ions for use shall include the fol ­
lowing, under the headings " Directions
for Use " :
(i ) The statement of use classifica­
tion as prescribed in paragraph (j) of
this section immediately under the
heading " Directions for Use. "
(ii) Immediately below the statement
of use classification, the sta.tement " It
is a violation of Federal law to use this
product in a manner inconsistent with
its labeling."
(iii) The site(s) of application, as for
example the crops, animal8, areas, or
objects to be treated.
(iv) The target pest(s) associated
with each site.
(v) The dosage rate assoeiated with
each site and pest.
(vi) The method of application, in­
cluding instructions for dilution, if re­
quired, and type(s) of application appa­
ratus or equipment required.
(vii ) The frequency and timing of ap­
plications necessary to obtain effective
results without causing unreasonable
adverse effects on the environment.
(viii) Worker protection statements
meeting the requirements of subpart K
of this part.
(ix) Specific directions concerning
the storag·e, residue removal and dis­
posal of the pesticide and its container,
in accordance with subpart H of this
part. These instructions must be
grouped and appear under the heading,
"Storage and Disposal." Th is heading
must be set in type of the same min­
imum sizes as required for the child
hazard
warning.
(See
table
in
§ 156.60(b))
(x) Any limitations or r est rictions on
use required to prevent un reasonable
adverse effects, such as:
(A) Required intervals between appli­
cation and harvest of fo od or feed
crops.
(B) Rotational crop restrictions.
(C) Warnings as required against use
on certain crops, animals, ob jects, or in
or adjacent to certain areas .
(D) For total release fogg·ers as de­
fined in § 156.78( d)(l), the following
66 § 156.60
Environmental Protection Agency
statements must be included in the
''Directions for Use."
DO NOT use more than one fogger per
room. DO NOT use in small, enclosed spaces
such as closets, cabinets. or under counters
or tables. Do not use in a room 5 ft.x5 ft. or
smaller; instead, allow fog to enter from
other rooms. Turn off ALL ignition sources
such as pilot lights (shut off gas valves) ,
other open f1ames . or running electrical ap­
pliances that cycle off and on (i.e .. refrig­
erators, thermostats, etc.). Call your gas
utility or management company if you need
assistance with your pilot lights."
(E) For restricted use pesticides, a
statement that the pesticide may be
applied under the direct supervision of
a certified applicator who is not phys­
ically present at. the site of application
but nonetheless available to the person
applying- the pesticide, unless the
Agency has determined that the pes­
ticide may only be applied under the
direct supervision of a certified appli­
cator who is physically present.
(F) Other pertinent information
which the Administrator determines to
be necessary for the protection of man
and the environment.
(j) Statement of use classification. Any
pesticide product for which some uses
are cla ssified for general use and others
for restricted use shall be separately
labeled according to the labeling stand­
ants set forth in this subsection, and
shall be marketed as separate proclucts
with different registration numbers,
one bea ring- directions only for general
use(s) and the other bearing directions
for restricted use(s) except that, if a
product has both restricted use(s) and
general use(s), both of these uses may
appear on a product labeled for re­
stricted use. Such products shall be
subject to the provisions of paragraph
(j)(2) of this section.
(l) General Use Classification. Pes­
ticide products bearing directions for
use(s) classified general shall be la­
beled with the exact words "General
Classification" immediately below the
heading " Directions for Use." And ref­
erence to the general classification
that suggests or implies that the gen­
eral utility of the pesticide extends be­
yoml those purposes and uses contained
in the Directions for Use will be consid­
ered a false or misleading statement
under the statutory definitions of mis­
branding.
(2) Uestricted Use Classification. Pes­
ticide products bearing direction for
use(s) cla ssified restricted shall bear
statements of restricted use classifica­
tion on the front panel as described
below;
(i) Front panel statement of restricted
use classification. (A) At the top of the
front panel of the label , set in type of
the same minimum sizes as required
for human hazard signal words (see
table in paragraph (h)(l)(iv) of this sec­
tion), and appearing with sufficient
prominence relative to other t ext and
graphic material on the fron t panel to
make it unlikely to be overlooked
under customary conditions of pur­
chase and use , the statement "Re­
strict ed Use Pesticide" shall appear.
(B) Directly below this statement on
the front panel, a summary statement
of the terms of restriction imposed as a
precondition to registration shall ap­
pear. If use is restricted to certified ap­
plicators, the foll owing stat ement is
required: "For retail sale to and use
only by Certified Applicators or per­
sons under their direct supervision and
only for those uses covered by the Cer­
tified Applicator's certification." If,
however, other regulatory r estrictions
are imposed, the Administrator will de­
fine the appropriate wording- for the
t erms of restriction by regulation .
[40 F'R 28268, July 3, 1975; 40 I<'R 3;:329, Aug. 1.
1975; 40 FR 36571. Aug. 21, 1975. as amended at;
43 VR 5786, ]<'elJ. 9, 1978. Redesignated and
amended at 53 FR 15991, 15999, May 4, 1988; 57
F'R 38146, Aug. 21, 1992; 60 FR 32096 , June 19,
1995; 63 FR 9082, Feb. 23, 1998; 66 FR 64764,
Dec. 14. 2001; 71 FR 47420, Aug. 16, 2006; 73 FR
75596. Dec. 12, 2008]
Subparts B-C [Reserved]
Subpart 0-Human Hazard and Precautionary Statements SOURCE: 66 J<' R 64764, Dec. 14, 2001, unless
oth erwise noted.
§ 156.60
General.
Each product label is required to bear
hazard and precautionary statements
for humans and domestic animals (if
applicable) as prescribed in this sub­
part. Hazard statements describe the
type of hazard that may occur, while
precautionary statements will either
67 § 156.62
40 CFR Ch. I (7- 1-10 Edition)
direct or inform the user of actions to
take to avoid the hazard or mitigate
its effects.
TYPE SIZE S FOR FRONT PANEL WARNING
STATEMENTS
Point Size
{a) Location of statements-(l) Front
panel statements. The signal word, child
Size of Label Front Panel (Square Inches)
hazard warning, and, in certain cases,
the first aid statement are required to
appear on the front panel of the label,
and also in any supplemental labeling
intended to accompany the product in
distribution or sale.
(2) Statements elsewhere on label. Haz­
ard and precautionary statements not
required on the front panel may appear
on other panels of the label , and may
be required also in supplemental label­
ing. These include, but are not limited
to, the human hazard and pre­
cautionary statemen t s, domestic ani­
mal statements if applicable, a Note to
Physician , and physical or chemical
hazard statements.
(b)
Front
~0~~1
(All
Capital
Letters)
5 and under ............... ....... .
Over5to10 ............ ................................ .
Over 10 to 15 .
Over 15 to 30
6
10
12
14
Over 30 .. . .. .
18
Child
Hazard
Warn­
ing
6
6
8
10
12
(2) Other required statements. All other
hazard and precautionary statements
must be at least 6 point type.
§ 156.62
Toxicity Category.
This section establishes fo ur •roxicity
Categories for acute hazards of pes­
ticide products, Category I being the
highest toxicity category . Most human
hazard, precautionary statements, and
human personal protective equipment
statements are based upon t h e Toxicity
Category of the pesticide product a s
sold or distributed. In addition, tox­
icity categories may be used for regu­
latory purposes other than labeling,
such as classification for restricted use
and requirements for child-resistant
packaging. In certain cases, statements
based upon the Toxicity Category of
the product as diluted for use are also
permitted. A Toxicity Category is a s­
signed for each of five types of acute
exposure, as specified in t he table in
this paragraph.
Placemen t and prominence- (l)
panel stat ements. All required
front panel warning statements shall
be gTouped together on the label, and
shall appear with sufficient promi­
nence r elative to other front panel text
a nd graphic material to make them un­
likely to be overlooked under cus­
tomary conditions of purchase and use.
The table below shows the m inimum
type size requirements for the front
panel warning statements for various
front panel sizes.
ACUTE TOXICITY CATEGORIES FOR PESTICIDE PRODUCTS
Hazard Indicators
Oral LDso .
Dermal LD so
.......
Inhalation LC 50
Eye irritation .
Skin irritation .
*156.64
.
II
I
Up to and including 50
mg/kg
Up
to and incl uding 200
mg/kg
Up to and including 0.2
mg/l iter
Corrosive; corneal opacity
not reversible within 7
days
Corrosive
Il l
IV
>50 thru 500 mglkg
>500 thru 5,000 mglkg
>5,000 rnglkg
>200 thru 2000 mglkg
>2000 thru 20,000 mgl
kg
>2 thru 20 mg/liter
>20,000 mg/kg
No corneal opacity; ir­
ritation reversible
wi thin 7 days
No irritation
Moderate irritation at
Mild or slight irritation at
72 hours
>0.2 thru 2 mg/titer
Comeal opacity re­
versible within 7
days; irri tation per­
sisting fo r 7 days
Severe irritation at 72
hours
72 hours
>20 mg/li ter
word, reflecting- the highest Toxicity
Categ-ory (Category I is t he highest
toxicity category) to which the procluct
is assignecl by any of the fi ve routes of
ex posure in §156.62 . The sig·nal word
Signal word.
(a) nequ i rement . Except as provided in
parag-raph (aJ(4), each pesticide product
must bear on the fro nt panel a signal
68
Environmental Protection Agency
§ 156.68
must also appear together with the
heading for the human precautionary
statement section of the labeling (see
§ 156.70).
(1) Toxicity Category I. Any pesticide
product m eeting the criteria of Tox­
icity Category I for any route of expo­
sure must bear on the front panel the
sig·nal word "DANGER." In addition. if
the produet is assigned to T oxicity
Category I on the basis of its oral, in­
halation or dermal toxicity (as distinct
from skin and eye irri tation), the word
"Poison" must appear in red on a back­
ground of distinctly contrasting color,
and the skull and crossbones symbol
must appear in immediate proximity
to the word ' ·Poison."
(2) Toxicity Category II. Any pesticide
product meeting the criteria of Tox­
icity Category II as the highest cat­
egory by any route of exposure must
bear on the front panel the signal word
" WARNING."
(3) Tox'icity Category III. Any pesticide
product m eeting the criteria of Tox­
icity Category III as the highest cat­
egory by any route of exposure must
bear on the front panel the signal word
" CAUTIO N. "
(4) Toxicity Category IV. A pesticide
product m eeting the criteria of Tox­
icity Category IV by all routes of expo­
sure is not required t o bear a signal
word. If a signal word is used, it must
be " CAUTION."
(b) Use of signal words. In no case may
a product:
(1) Bear a signal word reflecting a
higher Toxicity Category than indi­
cated by the route of exposure of high­
est toxicity, unless the Agency deter­
mines that such labeling is necessary
to prevent unreasonable adverse effects
on man or the environment:
(2) Bear a signal word reflecting a
lesser Toxicity Category associated
with a diluted product. Although pre­
cautionary statements for use dilu­
tions may be included on label , the sig­
nal word must reflect the toxicity of
the product as distributed or sold; or
(3) Bear different signal words on dif­
ferent parts of the label.
dren." That statement, or any alter­
native statement approved by EPA,
must appear on a separate line in close
proximity to the signal word, if re­
quired . The statement is required on
Toxicity Category IV products that do
not otherwise require a signa l word.
(b) In its discretion, EPA may waive
the requirement, or require or permit
an a lternative child hazard warning, if:
(1) The applicant can demonstrate
that the likelihood of exposure of chil­
dren to the pesticide during distribu­
tion, marketing, storage or use is re­
mot e (for example, an industrial use
product); or
(2) The pesticide is approved for use
on children (for example, a n insect re­
pellent).
(c) EPA may approve an alternative
child hazard warning that more appro­
priately reflects the nature of the pes­
ticide product to which children may
be exposed (for example, an impreg­
nated pet collar) . In this case , EPA
may also approve placement on other
than the front panel.
§ 156.68
First aid statement.
Product as sold and distributed .
Each product must bear a first aid
statement if the product has systemic
effects in Category I, II, or III, or skin
or eye irritat ion effects in Category I
or II.
(b) Product as diluted for use. If the
product labeling bears directions for
dilution with water prior to use, the
label may also include a statement de­
scribing how the first aid measures
may be modified for the diluted prod­
uct. Such a statement must reflect the
Toxicity Category(ies) of the diluted
product, based upon data for the route
of exposure (or calculations if appro­
priate) . If the labeling provides for a
rang·e of use dilutions , only that use di­
lution representing the h ighest con­
centration allowed by labeling may be
used as the basis for a stat ement per­
taining to the diluted product. The
statement for a diluted product may
not substitute for the sta.tement for
the concentrate , but augments the in­
formation provided for the con­
§ 156.66 Child hazard warning.
centrate.
(c) Heading. The heading of the state­
(a) Each pesticide product must bear
on the front panel of the label the ment may be " First Aid" or "State­
statement "Keep Out of Reach of Chil­ ment of Practical Treatment."
69 (a)
§ 156.70
40 CFR Ch. I (7-1-1 0 Edition)
(d) Location of first aid statement. 'rhe
first a id statement must appear on the
front panel of the label of all products
assig-ned to Toxi city Category I by a n y
route of exposure. Upon review, the
Ag·ency may permit reasonable vari­
ations in t he placement of the first aid
statement if a reference such as ' ·See
first aid statement on back panel" ap­
pears on the front panel. The first aid
statement for products assigned to
Toxicity Categories II or III may ap­
pear on any panel of the label.
heading if domestic animals will not be
exposed to the product.
(b) Content of statements. When data
or other information show that an
acute hazard may exist to h umans or
domesti c animals, the label must bear
precautionary statements describing
the particular hazard , the route(s) of
exposure and the precauti ons to be
taken to avoid accident, inj ury or toxic
effect or to mitigate the effect . The
precautionary paragraph must be im­
mediately preceded by the appropriate
signal word.
§ 156.70 Precautionary statements for
human hazards.
(c) Typical precautionary statements.
(a) Requirement. Human hazard and The table below presents typical haz­
precautionary statements as required ard and precautionary statements. Spe­
must appear together on the label or cific statements pertaining t o the haz­
labeling under the general heading ards of the product and its uses must
''Precautionary
Statements"
and be approved by the Agency. With Agen­
under appropriate subheadings similar cy approval, statements may be aug­
to " Humans and Domestic Animals," mented to reflect th e hazards and pre­
·'Environmental Hazards" (see subpart cautions associated with the product as
E of t his part) and ·'Physical or Chem­ diluted for use. Refer to § 156.68(b) for
ical Haza rds." The phrase " and Domes­ requirem ents for use dilution state­
tic Animals" may be omitted from the ments.
TYPICAL HUMAN HAZARD AND PRECAUTIONARY STATEMENTS
Toxicity Category
Systemic effects (oral, dermal, in­
halation toxicity)
(poisonous) if swallowed
[inhaled or absorbed through
skin]. Do no! breathe vapor
[dust or spray mist]. Do not get
I
Fatal
in eyes, on skin, or on clothing.
[Front panel first aid statement
required .]
May be fatal if swallowed, [in­
II
haled or absorbed through the
skin]. Do not breathe vapo rs
[dus t or spray mist] . Do not gel
in eyes , on skin, or on clothing.
[Appropriate first aid statem ent
required.]
Ill
Harmfu l if swallowed [inha led or
absorbed through the skin] .
Avoid breath ing vapors [dusl or
Irritation effects (skin and eye}
Corrosive, causes eye and skin
damage [or skin irritation]. Do
not get in eyes on skin, or on
clothing. Wear goggles or face
shield and rubber gloves when
handling . Harmful or fatal if
swallowed. [Front panel first
aid statement requir ed .]
Sens itizer (The re are no cat-
egories of sensitization.)
If product is a sensitizer: Pro­
longed or frequently repeated
skin contact may cause allergic
reactions in some individual s.
Causes eye [and skin] irritation.
Do not get in eyes. on skin, or
on clothing. Harmfu l if swal·
lowed. [App ropria te first aid
statement required.]
Avoid contact with skin, eyes or
clothing.
spray mist]. Avoid contact with
skin [eyes or clothing}. [Appro·
priate first aid statement re-
qui red.]
IV
No precautionary statements re·
qui red
No precautionary statements re·
qui red.
acteristics of the pesticide product a re
required if a product meets t he criteria
(aJ Requirement. Warning statements in this section. Warning statements
on t he flammability or explosive char­ pert aining to other physical/chemical
§ 156.78
Precautionary statements for
physical or chemica l hazards.
70 § 156.80
Environmental Protection Agency
hazards (e.g., oxidizing potential , con­
ductivity, chemical reactions leading
to production of toxic substances) may
be required on a case-by-case basis.
(b) Pressurized products. The table
below sets out the required flamma­
bility label statements for pressurized
products.
FLAMMABILITY STATEMENTS FOR PRESSUR IZED
PRODUCTS
Flash poinVflame exten·
sian of product
- Flash point at or
below 20 '-' F
Required labeling statement
Extremely flammable.
Contents
under pressure . Keep away from
fire, sparks, and heated surfaces.
Do not puncture or incinerate
container. Exposure to tempera·
lures above 130 of may cause
bursting.
OR
-Flashback at any
valve opening
-Flash point >20 "'F to
80 oF
Flammable. Contents under pres·
sure. Keep away from heat,
sparks and open flame. Do not
puncture or incinerate container .
Exposure to temperatures above
130 "F may cause bursting.
OR
l ease the total contents in one oper­
ation, for the purpose of crea ting a per­
meat ing fog within a confined space to
deliver the pesticide throughout the
space.
(2) If a pesticide product is a total re­
lease fogger containing a propellant
with a flash point at or below 20 °F,
then the following- special instructions
must be added to the " Physical and
Chemical Hazards" warning statement,
in addition to any flammability state­
ment required by paragraph (b) of t his
section:
This product contains a hi ghly flam­
mable ingredient. It may cause a fire
or explosion if not used properly. Fol­
low the Directions for Use on t his label
very carefully.
(3) A graphic symbol depicting fire ,
such as illustrated in this paragraph,
or an equivalent symbol, must be dis­
playe d along· with the required lan­
guage adjoining the ·'Physical and
Chemical Hazards" warning statement.
The graphic symbol must be no smaller
than twice the size of the first char­
act er of the human hazard signal word.
- Flame extension
more th an 18 in. long
a t a distance of 6 in
I rom the flame
Art other pressurized
products
Contents under pressure. Do no t
use or store near heat or open
flame. Do not puncture or incin·
erate container. Exposure to tem­
peratures above 130 °F may
cause bursting.
Hi ghly Flammable Ingredient
Ingrediente Altamente Int1amable
(c) Non-pressurized pro ducts. The table
below sets out the required flamma­
bility label statements for non-pressur­
ized products.
Subpart E-Environmental Hazard
and Precautionary Statements
SOURCE: 66 FR 64767,
Flash point
Extremely flamm able. Keep away
from fire , spa rks and heated sur­
faces .
Greater than 20 11 F to
Flammable. Keep away from heat
80 °F
Greater than 80 °F to
150 Of
§ 156.80
Required labeling statement
At or below 20 "F
Dec.
14. 2001,
unless
otherwise noted.
FLAMMABILITY STATEMENTS FOR NON­
PRESSURIZED PRODUCTS General.
(a) Requirement. Each product is re­
quired to bear hazard and pre­
cau t ionary statements for environ­
mental hazards, including hazards to
non-target org-anisms. as prescribed in
this subpart. Hazard statements de­
scribe the type of hazard that may be
present, while precautionary state­
m ents direct or inform the user of ac­
tions to take to avoid the hazard or
mitigate its effects.
(b) Location of statements. Environ­
menta l hazard and precautionary
and open flame.
Combustible. Do not use or store
near heat or open flame.
(d) Total release jogger products. (1) A
total release Jogger is defined as a pes­
ticide product in a pressurized con­
tainer tlesig-ned to automatically re­
71
§ 156.85
40 CFR Ch. I (7-1-10 Edition)
statements may appear on any panel of
the label and may be required also in
supplemental labeling. The environ­
men t al hazard stat ements must appear
toge ther umler the heading " Environ­
mental Hazards.' ' Typically the state­
ments are grouped as a sub-category
withi n the "Precautionary State­
ments" section of the labeling.
(c) Type size. All environmental haz­
ard and precautionary statements
must be at least 6 point t y pe .
§ 156.85
nating insects, the label must bear ap­
propriate label cautions.
(6) If a product is intended for out­
door use other than aquatic applica­
t ions, the label must bear the caution,
' ·Keep out of lakes, ponds or streams.
Do not. contaminate water by cleaning
of equipment or disposal of wastes."
Subparts F-G [Reserved]
Subpart H-container Labeling
Non-target organisms.
SOURCE: 71
(a) Requirement. Where a hazard ex­
ists to non-target organisms, EPA may
require precautiona r y statements of
the nature of the hazard a nd the appro­
priate precautions to avoid potential
accident, injury, or damage.
{b) EJ:amples. The statements in this
paragraph illustrate the types of haz­
ard statements that EP A may require
and the circumstances under which
they are typically required. Th ese
statements are not comprehensive;
other statements may be required if
more appropriate to the formulation or
use.
{1) If a pesticide intended for outdoor
use contains an active ingredient with
a mammalian acute oral LDso of 100
mg/kg or less, t he statement, ·'This
pesticide is toxic to wildlife" is re­
quired.
(2) If a pesticide intended for outdoor
use eontains an active ingredient with
a fish acute LCso of 1 ppm or less, the
statement, ' ·This pesticide is toxic to
fish· ' is required.
{3) If a pesticide intended for outdoor
use contains an active ingredient with
an avian acute oral LD 50 of 100 mg/kg
or less, or a subacute dietary LCso of
500 ppm or less, the statement, "This
pesticide is toxic to wildlife" is re­
quired.
(4) If either accident history or field
studies demonstrate that the use of the
pesticide may r esult in fatality to
birds, fish or mammals, the statement,
·'Th is pesticide is extremely toxic to
wildlife (fish)" is required.
(5) If a product is intended for or in­
vol ves foliar application to agTicul­
tural crops, forests or shade trees , or
mosquito abatement treatments, and
contains a pesticide toxic to polli­
~'R
47420, Aug. 16. 2006. unless
otherwise noted.
§ 156.140
Identification
of
container
types.
For products other t han plant-incor­
porated protectants, the following
statements, as applicable, must be
placed on the label or container. The
information may be located on any
part of the container except the clo­
sure. If the statements are placed on
the container, they must be durably
marked on the container. Durable
marking includes, but is not limited to
etching, embossi ng, ink jetting, stamp­
ing, heat stamping, mechan ically at­
taching a plate, molding, or marking
with durable ink.
(a) Nonrefillable container. For non­
refillable containers, the stat;ements in
paragraphs (a)(l ) through (a)(4) of this
section are required except as provided
in paragraphs (a)(5), (c), (d), and (e) of
this section. If placecl on the label , the
statements
in
paragraphs
(a)(l)
through (a)(3) of this section must be
under an appropriate heading under the
heading ·' Storage and Disposal. " If any
of the statements in paragra phs (a)(l)
through (a)(3) of this section are placed
on the container, an appropriate refer­
ral statement such as "See container
for recycling [or other descriptive
word] information. " must be placed on
the label under the heading "Storage
and Disposal. "
(1) Statement identifying a nonrefillable
container. The following phrase is re­
quired: "Nonrefillable container."
(2) Reuse statement. One of the fol­
lowing statements is required. Prod­
ucts with labels that allow household/
residential use must use the statement
in paragraph (a)(2)(i) or (a.)(2)(iii) of
this section. All other products must
72
Environmental Protection Agency
§ 156.140
use the statement in paragraph
(a)(2)(i), (a)(2)(ii), or (a)(2)(iii) of this
section.
(i) " Do not reuse or refill this con­
tainer. "
(ii) " Do not reuse this container to
hold materials other than pesticides or
dilute
pesticides
(rinsate).
After
emptying and cleaning, i t may be al­
lowable to temporarily hold rinsate or
other pesticide-related materials in the
container. Contact your state regu ­
latory a gency to determine allowable
prac t ices in your state. "
(iii ) The follo wing statemen t may be
used if a product is ' Teady-to-use" ancl
its directions for use allow a different
product (that is a similar, but con­
centrated formulation) to be poured
into the container and diluted by the
end user: "Do not reuse or refill this
container unless the directions for use
allow a different (concentrated) pr od­
uct to be cliluted in the container."
(5) Exemptions. Pesticide products in
t he following t ypes of nonrefillable
containers, and their packaging, are
exempt from the requirements in para­
graphs (a)(1) and (a)(2) of this section:
(i) Aerosol cans.
(ii) Devices as defined in § 152.500 of
this chapter.
(iii) One-time use caulking tubes and
other one-time use squeezable tube
containers for paste , gel, or other simi­
lar substances.
(iv) Foil packets for water soluble
packaging, repellent wipes , and other
one-time use products.
(v) One-time use portion control
packets, such as polyethylene sleeve
packages, or rodenticide placepacks.
(vi) One-time use bait stations.
(vii) One-time use cages for repellent
or trapping strips.
(viii) Pet collars or animal ear tags,
such as cattle ear tags.
(ix) One-time use semiochemical dis­
persion devices.
(x) Any container that is destroyed
by t he use of the product contained.
(xi) Any container that would be de­
stroyed if reuse of the cont ainer were
attempted.
(b) Refillable containel". F or refillable
containers, one of the following state­
ments is required, except as provided in
paragraphs (c), (d), and (e) of this sec­
tion. If placed on the label , the state­
ment must be under the heading
" Storage and Disposal." If the state­
ment is placed on the container, an ap­
propriate referral statement, such as
"Refilling limitations are on the con­
tainer." must be placed under the
heading " Storage and Disposal. "
(1) " Refillable Container. Refill this
container with pesticide only. Do not
reuse this container for any other pur­
pose."
(2) " Refillable Container. R efill this
container with [common chemical name]
only. Do not reuse this container for
any other purpose."
(c) Modification. EPA may, on its own
initiativ e or based on data or informa­
tion submitted by any pemon, modify
or waive the requirements of this sec­
tion or permit or re quire alternative
labeling statements.
(d) Exemption for articles. Pesticidal
articles that are not exempted from
FIF RA regulation by § 152.25(a) of this
(3) Recycl'ing or reconditioning state­
ment. One of the following statements
is required:
(i ) "Offer for recycling if available."
(ii) " Once cleaned, some agricultural
plastic pes ticide containers can be
taken to a container coll ection site or
picked up fo r recycling. To find the
nearest site, contact your chemical
dealer or manufacturer or contact [a
pesticide container recycling organiza­
tion] at [phone n umber] or [web site].
For example, this statement could be
"Once cleaned, some agricultural plas­
tic pesticide containers can be taken to
a container collection site or picked up
for recycling. To find the nearest site,
contact your chemical dealer or manu­
facturer or contact the Ag Container
Recycling Council (ACRC) at 1-877-952­
2272 (toll-free) or www.acrecycle.org. •·
(iii) A recycling statement approved
by EPA and published in an EPA docu­
ment, such as a Pesticide Registration
Notice .
(iv) An alternative recycling state­
ment that has been reviewed and ap­
proved by EPA.
(v) "Offer for reconditioning if appro­
priate."
(4) Batch code . A lot number, or other
code used by the registrant or producer
to identify the batch of the pesticide
product which is distributed and sold is
required.
73
§ 156.144
40 CFR Ch. I (7-1-10 Edition)
chapter are exempt from the require­
ments of this section.
(e)
§ 156.146
Residue removal instructions
for nonrefillable containers-rigid
containers with dilutable pes­
ticides.
Exemption for tmnsport vehicles.
Transport vehicles are exempt from the
requirements of this section.
The label of each dilutable (liquid or
solid) pesticide product packaged in a
rigid nonrefillable container must in­
clude the following residue rem oval in­
structions as appropriate.
[71 FR 47420 , Aug. 16. 2006. as amended at 73
FR 64224 , Oct. 29 , 2008]
§ 156.144
Residue
tions-general.
removal
instruc­
(a) Timing of the residue rem oval proce­
dure . One of the following statements
(a) General . Except as provided by
paragraphs (c) through (g) of this sec­
tion, the label of each pesticide prod­
uct must include the applicable in­
structions for removing pesticide resi­
dues from the container prior to con­
tainer disposal that are specified in
§ 156.146 and § 156.156. 'rhe residue re­
moval instructions are required for
both nonrefillable and refillable con­
tainers.
must immediately precede t he instruc­
tions required in paragraph (b) of this
section and must be consistent with
the instructions in paragraphs (b) and
(c) of this section:
(1) "Clean container promptly after
emptying. "
(2) "Triple rinse or pressure rinse
container (or equivalent) promptly
after emptying. "
(3) " Triple rinse container (or equiva­
lent) promptly after em ptyi ng. "
(b) Triple rinse instructions. The label
of each dilutable pesticide product
packaged in rigid nonrefillable con­
tainers must include one of the fol­
lowing sets of instructions.
(1) For liquid dilutable pesticide
products in containers small enough to
shake, use the following instructions:
"Triple rinse as follows: Empty the re­
mammg contents into application
equipment or a mix tank and drain for
10 seconds after the flow begins to drip .
Fill the container 1/4 full with water
and recap. Shake for 10 seconds. Pour
rinsate into application equipment or a
mix tank or store rinsate for later use
or disposal. Drain for 10 seconds after
the flow begins to drip. Repeat this
procedure two more times."
(2) For solid dilutable pesticide prod­
ucts in containers small enough to
shake, use the following- instructions:
"Tr iple rinse as foll ows: Empty the re­
mammg contents into application
equipment or a mix tank. Fill the con­
tainer 114 full with water and recap.
Shake for 10 seconds. Pour rinsate into
application equipment or a mix tank or
store rinsate for later use or disposal.
Drain for 10 seconds after the flow be­
gins to drip. Repeat this procedure two
more times. "
(3) For containers that a r e too larg·e
to shake, use the following instruc­
tions: ' ·Triple rinse as foll ows: Empty
r emaining contents into application
(b ) Placement of residue remo val state­
ments. All residue rem oval instructions
must be placed under the heading
"Storage and Disposal."
(c) Exemption for residential/household
use products. Residential/household use
pesticide products are exempt from the
residue removal instruction require­
ments in this section through § 156.156.
(d) Modification. EP A may, on its own
initiative or based on data submitted
by any person, modify or waive the re­
quirements of this section throug·h
§156.156, or permit or require alter­
native labeling statements.
(e) Exemption for gases . Pesticide
products that are g·aseous at atmos­
pheric temperature and pressure are
exempt from the residue removal in­
struction requirements in this section
through § 156.156.
(f) Exemption tor articles. Pesticidal
articles that are not exempted from
FIFRA regulation by § 152.25(a) of this
chapter are exempt from the residue
removal instruction requirements in
this section through § 156.156.
(g) Exemption for
transport vehicles.
Transport vehicles are exempt from the
requirements in this section through
§ 156.156.
[71 FR 47420. Aug. 16, 2006, as amended at 73
FR 64224. Oet. 29. 2008]
74
Environmental Protection Agency
equipment or a mix tank. F.i ll the con­
tainer 1/4 full with water. Replace and
tig-hten closures. Tip container on its
side and roll it back and forth, ensur­
ing- at least one complete revolution,
for 30 seconds. Stand the container on
its end and tip it back and forth sev­
eral times. Turn the container over
onto its other end and tip it back and
forth several times. Empty the rinsate
into application equipment or a mix
tank or store rinsate for later use or
disposal. Repeat this proceclure two
more times. "
(c) Pressure rinse instr ucti ons . The
label of each dilutable pesticide prod­
uct packaged i n rig-id nonrefillable con­
tainers may include one of the fol­
lowing sets of instructions, and one of
them must be used if the statement in
paragraph (a)(2) of this section is used.
If one of these statements is included
on the label , it must immediately fol­
low the triple rinse instructions speci­
fied in paragraph (b) of this section.
(1) For liquid dilutable pesticide
products, use the following label in­
struction: ' 'Pressure rinse as follows:
Empty the remaining contents into ap­
plication equipment or a mix tank and
continue to drain for 10 seconds after
th e flow begins t o drip. Hold container
upside down over appli cation equip­
ment or mix tank or collect rinsa.te for
later use or disposal. Insert pressure
rinsing n ozzl e in the side of the con­
tainer. and rinse at about 40 PSI for at
least 30 seconds. Drain for 10 seconds
after the flow begins to drip."
(2) For solid dilutable pesticide prod­
ucts, use the following label instruc­
tion: " Pressure rinse as follows: Empty
the remaining contents into applica­
tion equipment or a mix tank. Hold
cont ainer upside down over application
equipment or mix tank or collect
rinsate for later use or disposal. Insert
pressure rinsing nozzle in the side of
the container, and rinse at about 40
P SI for at least 30 seconds . Drain for 10
seconds after the flow beg-ins to drip. ,.
(d) No n -water diluent. (1) A registrant
who wishes to require users to clean a
container with a diluent other than
water (e .g., solvents) must submit to
EP A a written request to modify the
residue removal instructions of this
section. The registrant may not dis­
tribute or sell the pesticide with the
.)
§ 156.156
modified residue removal instructions
until EPA approves the request in writ­
ing.
(2) The regi strant must indicate why
a non-water diluent is necessary for ef­
ficient residue removal , and m ust pro­
pose residue removal instructions and
disposal instr uctions that a re appro­
priate for the characteristics and for­
mulation of the pesticide product and
non-water diluent. The proposed res­
idue removal instructions must iden­
tify the diluent. If the Directions for
Use permi t the application of a mix­
ture of the pesticide and the non-water
diluent, the instructions may allow the
rinsate to be added to the application
equipment or mix tank. If the Direc­
tions for Use do not identify the non­
water diluent as an allowable addition
to the pesticide , the instructions must
require collection and storage of the
rinsate in a rinsate collection system.
(3) E P A may approve the request if
EPA finds that the proposed instruc­
tions are necessary and appropriate.
§ 156.156
Residue removal in structions
for refillable containers.
The label of each pesticide product
packaged in a refillable container must
include the residue r em oval instruc­
tions in this section. Instructions must
be given for all pesticide products that
are distributed or sold in refillable con­
tainers, including those that do not re­
quire dilution prior to application.
(a) Timing of the residue removal pTOce­
dure . One of the following statements
must immediately precede the instruc­
tions required in paragraph (b) of this
section and must be consistent with
the instructions in paragraph (b) of
this section:
(1) "Cleaning the container before
final disposal is the responsibility of
the person disposing· of the container.
Cleaning· before refilling is t he respon­
sibility of the refiller."
(2) '·Pressure rinsing the container
before final disposal is th e responsi­
bilit y of the person disposing of the
container. Cleaning before refilling is
the responsibility of the refiller."
(b) Residue removal instTucUons prior to
container disposal. (1) Instructions for
clea ning each refillable container prior
to disposal are required. The residue
75
§ 156.159
40 CFR Ch. I (7-1-10 Edition)
removal instructions must be appro­
priate for the characteristics and for­
mulation of the pesticide product and
mus t be adequate to protect human
health and the environment.
(2) Subject to meeting the standard
in paragraph (b)(l) of this section, the
statement on r esidue removal instruc­
tions could incl ude any one of the fol­
lowing :
( i ) The refilling residue rem oval pro­
cedure developed by the registrant for
the pesticide product.
(ii) Standard industry practices for
cleaning refillable containers.
(iii) For pesticides that require dilu­
tion prior to application, the following
statement: " To clean the container be­
fore final disposal, empty the remain­
ing contents from this contain er into
application equipment or a mix tank.
F'ill the container about 10 percent full
with water. Agitate vig·orously or re­
circulate water with the pump for 2
minutes. Pour or pump rinsate into ap­
plication equipment or rinsate collec­
tion system. R epeat this rinsing proce­
dure two more t imes."
(iv) Any other statement the reg­
istrant considers appropriate.
§ 156.200
Scope and applicability.
(a) Scope. (1) This subpart prescribes
statements that must be placed on the
pesticide label and in pestieide label­
ing. These statements incorporate by
reference
the
Worker Protection
Standard, part 170 of this chapter. The
requirements addressed in these state­
ments are design ed to reduce the risk
of illness or injury resul t ing from
workers· and pesticide handlers' occu­
pational exposures to pesticides used in
the production of a gricultural plants
on agricultural establishments as de­
fined in §170.3 of this chapter. These
statements refer to specific workplace
practices designed to reduce or elimi­
n ate exposure and to respond to emer­
gencies that may arise from the expo­
sures that may occur.
(2) This subpart prescribes interim
requirements that must be placed on
the pesticide label and in pesticide la ­
beling. These interim requirements
pertain to restricted-entry intervals,
personal protective equipment, and no­
tification. On a case-by-case basis,
these interim requirements will be re­
viewed and may be r evised during re­
registration or other agency review
§ 156.159 Compliance date.
processes.
Any pesticide product released for
(b) Applicability. (1) The requirements
shipment by a registrant after August of this subpart apply to each pesticide
16, 2010 must bear a label that complies product that bears directions for use in
with
§§ 156.10(d)(7) ,
156.10(f) , the production of any agricultural
156.10(i)(2)(ix), 156.140, 156.144, 156.146, plant on any agricultural establish­
and 156.156.
ment as defined in § 170.3 of this chap­
ter, or whose labeling reasonably per­
[73 FR 64224, Oct. 29. 2008)
mits such use.
J<:r'FEC'TIVE DATF: N 01'E: At 75 FR 33708. June
(2) The requirements of t his subpart
15. 2010. § 156.159 was r e vi sed, effec tive Aug.
do not appl y to a product that bears di­
16. 2010. !<'or the convenience of the user. the
revised text is set forth as foll o ws :
rections solely for uses excepted by
§ 170.202(b) of this chapter.
§ 156.159 Compliance date.
{c) Effective dates . No product to
Any pesticide product released for ship­
which this subpart applies shall be dis­
ment lly a registran t after December 16, 2010
tributed or sold without amended la­
must bear a l abel that complies with §§
beling by any regi strant after April 21,
156.10(d)(7). 156.10([), 156.10(i )(2)(ix). 156.140.
1994, or by any person after October 23,
156.144 , 156.146 and 156.156.
1995.
Subparts 1- J [Reserved] Subpart K- Worker Protection Statements SOURCE: 57 FR 38146. Aug. 21, 1992, unless
otherwise noted.
[57 FR 38146, Aug . 21, 1992, as amended at 73
FR 75596, Dec. 12, 2008]
§ 156.203
Definitions.
Terms in t his subpart have the same
meanings as t hey do in the Federal In­
secticide, Fungicide, a nd Rodenticide
76 § 156.206
Environmental Protection Agency
Act, as amended. In addition, the fol­
lowing terms, as used in this subpart,
shall have the meanings stated below:
Fumigant means any pesticide prod­
uct that is a vapor or gas or forms a
vapor or gas on application and whose
method of pesticidal action is t hrough
the gaseous state.
Restricted-entry interval or REI means
the time after the end of a pesticide ap­
plication during which entry to the
treated area is restricted.
[57 F' R 38146. Aug. 21. 1992. as amencled at 73
FR 75596. Dec. 12. 2008]
§ 156.204
Modification and w a iver of
requirements.
(a) Modification on Special Review. If
the Agency concludes in accordance
with § 154.25(c) of this chapter that a
pesticide should be placed in Special
Review because the pesticide meets or
exceeds the criteria for human health
effects of § 154.7(a)(1)(2) or (6) of this
chapter, the Agency may modify the
personal protective equipment required
for handlers or early-entry workers or
both, the restr icted-ent r y intervals, or
the notification to workers require­
ments .
(b) Other modifications. The Agency,
pursuant to this subpart and authori­
ties granted in FIFRA sections 3, 6, and
12, may, on its initiative or based on
data submitted by any person, modify
or waive the requirements of this sub­
part, or permit or require alternative
labeling statements. Supporting data
may be either data conducted accord­
ing to Subdivisions U or K of the Pes­
ticide Assessments guidelines or data
from medical, epidemiological, or
health effects st udies. A registrant who
wishes to modify any of the statements
required in §§ 156.206, 156.208, 156.210, or
156.212 must submit an application for
amended registration unless specifi­
cally directed othe rwise by the Agency.
[57 F'R 38146. Aug. 21. 1992, as amendecl at 73
FR 75596, Dec. 12. 2008]
§ 156.206
General statements.
(a) Application restrictions. Each prod­
uct shall bear the statement: ·'Do not
apply this product in a way that will
contact workers or other persons, ei­
ther directly or through drift. Only
protected handlers may be in the area
during application." This statement
shall be near the beginning of the DI­
RECTIONS FOR USE section of the la ­
beling under the heading AGRICUL­
TURAL USE REQUIREMENTS.
(b) 40 CPR, part 170 reference statement.
(1) Each product shall bear the ref­
erence statement: "Use this product
only in accordance with its labeling
and with the Worker Protection Stand­
ard, 40 CFR part 170. " This statement
shall be placed on the product label
under the heading AGRICULTURAL
USE REQUIREMENTS .
(2) Each product shall bear the state­
ment: " This standard contains require­
ments for the protection of agricul­
tural workers on farms, forests, nurs­
eries, and greenhouses, and handlers of
agricultural pesticides. It contains re­
quirements for training, decontamina­
tion, notification, and emergency as­
sistance. It also contains specific in­
structions and exceptions pertaining to
the statements on this label [in this la­
beling] about [use any of the foll owing
that are applicable) personal protective
equipment, restricted-entry inter val,
and notification to workers." These
statements shall be placed imme­
Lliately following the reference state­
ment required by paragraph (b)(1) of
this section, or they shall be placed in
the supplemental product labeling
under the heading AGRICULT URAL
USE REQUIREMENTS.
(3) If the statements in paragraph
(b)(2) of this section are included in
supplemental labeling rather than on
the label of the pesticide container, the
container label must contain this
statement immediately following the
statement required in paragraph (b)(1)
of t his section: "Refer to supplemental
labeling entitled AGRICULTURAL
USE REQUIREMENTS in the DIREC­
TIONS FOR USE section of the label­
ing for information about this stand­
ard. "
(4) If the statements in paragTaph
(b)(2) of this section are included in
supplemental labeling, they must be
preceded immediately by the state­
ment in paragraph (b)(1) of this section
under the heading AGRICULTURAL
USE REQUIREMENTS in the labeling .
(c) Product-type identification.
the
product
organophosphate
77
contains
(i. e.,
(1) If
an
an
§ 156.208
40 CFR Ch. I (7-1-10 Edition)
organophosphorus ester that inhibits
cholinesterase) or an N-methyl carba­
mate (i.e., an N-methyl carbamic acid
ester that inhibits cholinesterase), the
label shall so state. The statement
shall be a ssociated with the pr oduct
name or product-type identification or
shall be in the STATEMENT OF PRAC­
TICAL TREATMEN'r or FIRS'r AID
section of the label.
(2) If the product is a fumigant , the
label shall so state. The identification
shall appear:
(i) As part of the product name; or
(ii ) Close to the product name, as
part of the product-t y pe identification
or as a separat e phrase or sentence.
(d) State r estrictions. Each product
shall bear the stat ement: " For any re­
quirements specific to your State, con­
sult the agency in your State respon­
sible for pesticide regulation. " This
statement shall be under the heading
AGRICULTURAL
USE
REQUIR E­
MENTS in the labeling.
(e) Spanish warning statements. If the
product is classified as toxicity cat­
egory I or toxicity category II accord­
ing to the criteria in §156.62, the signal
word shall appear in Spanish in addi­
tion to English followed by the state­
ment, " Si Usted no entiende la
etiqueta, busque a alguien para que se
la explique a Usted en detalle. (If you
clo not unclerstand the label, find some
one to explain it to you in detail. )" T he
Spanish signal word "PELIGRO " shall
be used for products in toxicity cat­
egor y I , and the Spanish signal word
"AVISO" shall be used for products in
toxicity category II. These statements
shall appear on the label close to t he
English signal word.
a pplicable to all registered uses of the
product on agricultural pla nts, the re­
stricted-entry interval for the product
shall appear as a continua tion of the
statement required in paragraph (a) of
this section and shall appear as fol­
lows : " of X h ours" or " of X days " or
" until the acceptable exposure level of
X ppm or mgfm3 is reached. "
(2) If different restricted-entry inter­
vals have been established for some
crops or some uses of a product, the re­
stricted-entry statement in paragraph
(b)(1) of this section shall be associated
on the labeling of the product with the
directions for use for each crop each
use to which it applies, immediately
preceded or immediately followed by
the words " Restricted-entry interval"
(or the letters "REI" ).
(c) Restricted-entry interval based on
t oxicity of active ingredient~(l) Deter­
mination of toxicity category. A re­
(a) Requirement. Each product with a
restri cted-entry interval shall bear the
foll owing statement: " Do not enter or
allow worker entry into treated areas
during the re st ricted-entry interval
(REI). " This statement shall be under
the heading AGRICUL TURAL USE RE­
QUIREMENTS in the labeling.
stricted-entry interval shall be estab­
lished based on the acute toxicity of
the active ingredients in the product.
For the purpose of setting the re­
stricted-ent r y interval, the toxicity
category of each active ingredient in
the product shall be determined by
comparing· the obtainable data on the
acute dermal toxicity, eye irritation
effects, and skin irritation effects of
the ingredient to the criteria of§ 156.62.
The most toxic of the applicable tox­
icity categories that are obtainable for
each active ingredient shall be used to
determine the restricted-en try interval
for that product. If no acute dermal
toxicity data are obtainable , data on
acute oral toxicity also shall be consid­
ered in this comparison. If no applica­
ble acute toxicity data are obtainable
on the active ingredient, t he toxicity
category corresponding to the signal
word of any registered man ufacturing­
use product that is the source of the
act ive ingredient in the end-use prod­
uct shall be used. If no acute toxicity
dat a are obtainable on the active ingre­
dients and no toxicity category of a
registered manufacturing-use product
is obtainable, the toxicity category of
the end-use product (corresponding to
the signal word on its labeling) shall be
used.
(b) Location of specific restricted-entry
interval statements. (1) If a product has
(2) Bestricted-entry interval for sole a c­
tive ingredient woducts. (i) If the prod­
one specific restricted-entry interval
uct contains only one active ingredient
[57 FR 38146, Aug. 21. 1992, a s amended a t 58
F R :34203 , June 23, 1993; 73 F'R 75596 , Dec. 12.
2008]
§ 156.208
Restricted-entry statements.
78
Environmental Protection Agency
§ 156.210
and it is in toxicity category I by the
criteria in paragraph (c)(1) of this sec­
tion, the restricted-entry interval shall
be 48 hours. If, in addition, the active
ingredient is an organophosphorus
ester that inhibits cholinesterase and
that may be applied outdoors in an
area where the average annual rainfall
for the application site is less than 25
inches per year, the foll owi ng state­
ment shall be added to the restricted­
entry interval statement: "(72 hours in
outdoor areas where average annual
rainfall is less than 25 inches a year)."
(ii) If the product contains only one
active ingredient and it is in toxicity
category II by the criteria in paragraph
(c)(1) of this section, the restricted­
entry interval shall be 24 hours.
(iii) If the product contains only ac­
tive ingredients that are in toxicity
category III or IV by the criteria in
paragraph (c)(1) of this section , the re­
stricted-entry interval shall be 12
hours.
(2) Product-specific restr icted-entry
intervals established for pesticide prod­
ucts or pesticide uses that are not cov­
ered by part 170 of this chapter shall
remain in effect and shall not be placed
under the heading AGRICULTURAL
USE REQUIREMENTS in the labeling.
(3) Restricted-entry interval for multiple
active ingredient pro ducts. If the product
§ 156.210
(f) Existing inteTim restrict ed-entry in­
tervals. (1) An interim restricted-entry
interval established by the Agency be­
fore the effective date of this subpart
will continue to apply unless a longer
restricted-entry interval is required by
paragraph (c) of this section .
(2) Existing interim restr icted-entry
intervals established by the Agency for
pesticide products or pesticide uses not
covered by part 170 of this chapter
shall remain in effect and shall not be
placed under the heading AGRICUL­
TURAL USE REQUIREME NTS in the
labeling·.
[57 FR 38146, Aug. 21, 1992, as amended at 58
Fl~ 34203. June 23, 1993; 72 FR 61028, Oct. 26.
2007; 73 ~'R 75596, Dec. 12, 2008]
Notification-to-workers state­
ments.
(a) Requirement. Each product that
contains more than one active ingre­
dient, the restricted-entry interval (in­
cluding any associated statement con­
cerning use in arid areas under para­
graph (c)(2)(i) of this section) shall be
based on the active ingredient that re­
quires the longest restricted-entry in­
terval as determined by the criteria in
this section.
(d) E.rception for fumigants. The cri­
teria for determining restricted-entry
intervals in paragraph (c) of this sec­
tion shall not apply to any product
that is a fumigant. For fumigants, any
existing
restricte d-entry
interval
(hours, days, or acceptable exposure
level) shall be retained. Entry restric­
tions for fumigants have been or shall
be established on a case-by-case basis
at the time of registration, reregistra­
tion, or other Agency review process.
meets the requirements of paragraph
(b) of this section shall bear the post­
ing and oral notification statements
prescribed below. The statements shall
be in the DIRECTIONS FOR USE sec­
tion of the labeling under the heading
AGRICULTURAL
USE
REQUIRE­
MENTS.
( b ) Notification to workers of pesticide
application. (1) Each produet that con­
tains any active ingredien t classified
as toxicity category I for either acute
dermal toxicity or skin irritation po­
tential under the criteria. in § 156.62
shall bear the statement: "Notify
workers of the application by warning
them orally and by posting warning
sig-ns at entrances to treated areas." If
no acute dermal toxicity data are ob­
tainable, data on acute oral toxicity of
the active ingredient shall be consid­
ered instead. If no data on acute der­
mal toxicity, skin irritation potential,
or acute oral toxicity are obtainable on
the active ingredient, the toxicity cat­
egory corresponding to the signal word
of any reg·istered manufacturing-use
product that is the source of the active
ingredient in the end-use pr oduct shall
be used. If none of the applicable acute
(e) EJ:isting pr oduct-specific restricted­
entry intervals. (1) A procluct-specific re­
stricted-entry interval, based on data
collected in accordance with § 158.1070
or § 161.390 of t his chapter and Subdivi­
sion K of the Pesticide Assessment
Guidelines, shall supersede any re­
stricted-entry interval applicable to
the product under paragraph (c) of this
section.
79
§ 156.212
40 CFR Ch. I (7-1-1 0 Edition)
toxicity data are obtainable on the ac­
tive ingredient and no t oxicity cat­
egory of the registered manufacturing­
use product is obtainable, the toxicity
category of the end-use product cor­
responding to the product's sig·nal word
shall be used.
(2) Each product that is a fumigant
and is registered for use in a green­
house (or whose labeling allows use in
a greenhouse) shall bear the statement:
"For greenhouse applications, notify
workers of the application by warning
them orally and by posting warning
signs outside all entrances to the
greenhouse ."
[57 J<'R 38146, Aug. 21 , 1992. as amended at 58
FR 3420:1. June 23 , 1993; 73 FR 75596, Dec. 12,
2008]
§ 156.212
Personal protective equip­
ment statements.
(a) Requirement. Each product shall
bear the personal protective equipment
statements prescribed in paragraphs (d)
through (j ) of this section.
(b) Exceptions. (1) If personal protec­
tive equipment were required for a
product before the effective date of this
subpart, the existing requirements
shall be retained on the labeling wher­
ever they are more specific or more
protective (as specified in EPA guid­
ance materials) than the requirements
in the table in paragraph (e) of this sec­
tion.
(2) Any exist ing labeling statement
that prohibits the use of gloves or
boots overrides the corresponding re­
quirement in paragraph (e) of this sec­
tion and must be retained on the label­
ing.
(3) If the product labeling contains
uses that are not covered by part 170 of
this chapter, the registrant may adopt
the personal protective equipment re­
quired in this section for those uses.
However, if the personal protective
equipment required in this section
would not be sufficiently protective or
would be onerously overprotective for
uses not covered by part 170 of this
chapter, the registrant must continue
to apply the existing personal protec­
tive equipment requirements to those
uses. The labeling must indicate which
personal protective equipment require­
ments apply to uses covered by part 170
of this chapt er and which personal pro­
tective equipment requirements apply
to other uses.
(c) Location of peTsonal protective
equipment statements-(1) Per sonal pTo­
tective equipment statements for pesticide
handlers. Personal protective equip­
ment statements for pesticide handlers
shall be in the HAZARDS TO HUMANS
(AND DOMESTIC ANIMALSl section of
the labeling. The required statements
may be combined to avoid redundancy
as long as the requirements and condi­
tions under which they apply are iden­
tified.
(2) Personal protective equipment
statements for early-entry workers.
Personal protective equipment state­
ments for early-entry workers shall be
placed in the DIRECTIONS FOR USE
section of the labeling under the head­
ing AGRICULTURAL USE REQUIRE­
MENTS and immediately after the re­
stricted-entry statement r equired in
§ 156.208(a).
(d) Personal protective equipment state­
ments for pesticide handlers. (1) T he
table in paragraph (e) of this section
specifies minimum requirements for
personal protective equipment (as de­
fined in § 170.240 of this chapter) and
work clothing for pesticide handlers.
This personal protective equipment re­
quirement applies to any product that
presents a hazard through any route of
exposure identified in the table (acute
dermal toxicity, skin irritation poten­
tial. acute inhalation toxicity, and eye
irritation potential) .
(2) The requirement for personal pro­
tective equipment is based on the acute
toxicity category of the end-use prod­
uct for each route of exposure as de­
fined by § 156.62. If data to determine
the acute dermal toxicity or the acute
inhalation toxicity are not obtainable,
the acute oral toxicity shall be used as
a surrogate to determine the personal
protective equipment requirements for
that route of exposure . If data to deter­
mine the acute toxicity of the product
by a specific route of exposure (includ­
ing acute oral toxicity in lieu of acute
dermal or acute inhalation toxicity)
are not obtainable, the toxicity cat­
egory corresponding to the signal word
of the end-use product shall be used to
80 Environmental Protectio n Agency
§ 156.212
determine personal protective equi p­
ment requirements fo r that route of ex­
posure. If the signal word is "CAU­
TION, " toxicity category III will be
used.
(3) The minimum personal protective
equipment and work clothing require­
ments specified in this section shall be
included in a statement such as the fol ­
lowing: "Applicators and other han­
dlers must wear: (body protection
statement); (glove statement, if appli­
cable); (footwear statement, if applica­
ble); (protective eyewear statement, if
applicable); (respirator statement, if
applicable)." The format of statements
given in this paragraph is optional , but
it is recommended for clarity.
(e) Summary of personal protective
equipment requirements . The following
table 1 summarizes the personal pro­
tective equipment requirements by
route of exposure and toxicity cat­
egor y :
TABLE 1- MIN IMUM P ERSONAL PROTECTIV E EQUI PMENT ( PPE) AND WORK CLOTHING FOR HANDLING ACTIVITIES Toxicity Category of End -Use Product
Route of Exposure
I
Dermal T oxicity or Sk in lrritation Po tentia lt
Coveralls worn over
long-sleeved shirt
and long pants
Socks
Chemica l-resistant
footwear
Chemical-resis tant
gloves2
IV
Ill
II
Coverall s worn over
short -sleeved shirt
and short pants
Socks
Chemical-resistant
footwear
Chem ical-resistant
gloves 2
Long-sleeved shirt
and long pants
Long-sleeved shirt
and long pants
Socks
Shoes
Socks
Shoes
Chemical-resistant
gloves 2
No minimum 4
Inhalation Toxicity
Respiratory protection
device3
Respiratory protection
device3
No minimum4
No minimum 4
Eye Irritation Polentia l
Protective eyewear
Protective eyewear
No minimum4
No minimum 4
If dermal toxicity and skin irritation potenlial are in different toxicity categories, protection shall be based on the more toxic
(lower numbered) cat egory.
2 For labeling language for chemical- resistant gloves, see pa ragraph (f) of this section.
3 For labeling language fo r respiratory protection device. see paragraphs (g) and (h) of this section.
4 Although no minimum PPE is required by this section for this tox icity category and route of exposu re, the Agency may re ­
quire PPE on a product-specific basis.
1
(f) Chemical-resistant _gloves labeling
statements for pestici de handlers. If the
table in paragraph (e) of this section
indicates
that
chemical-resistant
gloves are required, the glove state­
ment shall be as specified in parag-raph
(f)(2), <3) , (4), or (5) of this section.
(1) Exception . The registrant shall
specify a glove t y pe other than that se­
lected through the cri teria in para­
graphs (f)(2) through (5) of this section
if information available to the reg-­
istrant indicates that such a glove type
is more appropriate or more protective
than the glove type specified in this
section. The statement must specify
the particular types of chemical-resist­
ant g-love (such as nitrile, butyl, neo­
prene , and/or barrie r-laminate).
(2) Solid fonnulations. F'or products
formulated and applied as solids or for­
mulated as solids and diluted solely
with water for application, the glove
statement shall specify: " waterproof
gloves.··
(3) Aqueous-based f ormu l ations. For
products formulated and a pplied as a
water-based liquid or formulated as a
water-based liquid and diluted solely
with water for application, the glove
statement may specify: "waterproof
gloves" instead of the statement in
paragraph (f)(4) of this section.
(4) Other liquid f or mulations. For prod­
ucts formulated or diluted wi th liquids
other than water, the glove statement
shall specify: "chemical-resistant (such
as nitrile or butyl) g·loves. "
(5) Gaseous f ormulations and applica­
tions. F'or products formulated or ap­
plied as gases, any existing glove state­
ment established before the effective
dat e of this subpart, ineluding any
glove prohibition statement, will con­
tinue to apply. If no g-love statement or
glove prohibition now exists, the glove
81 § 156.212
40 CFR Ch. I (7-1-10 Edition)
statement shall specify "chemical-re­ a gas (space and soil fumigants) and
sistant (such as nitrile or butyl) that may be used outdoors, the res­
gl oves."
piratory protection statement shall be:
(g) Ex·isting respirator requirement for
" F or ha ndling activities outdoors, u se
pesticide handlers on product labeling­
ei t her a respirator with an organic­
(l) General requirement. If a statement vapor-removing cartridge
with a
placed on a product's labeling before prefilter
approved
for
pesticides
the effective date of this subpart indi­ (MSHA/NIOSH approval number prefix
cates that respiratory protection is re­ TC-23C), or a canister approved for pes­
quired, that requirement for protection ticides (MSHA/NIOSH approval number
shall be retained . 'The statement must prefix TC-14G)."
specify, or be amended to specify, one
(iii) Gases used in enclosed areas. For
of t he following respirator t ypes and products that are formulat ed or applied
the appropriate MSHA/NIOSH approval as a gas (space and soil fumi gants) and
number prefix:
t hat may be used in greenhouses or
(i) Dust/mist filtering respirator with other enclosed areas, the respiratory
MSHA/NIOSH/ approval number prefix protection statement sha ll specify:
'l'C-21C; or
" For handling activities :in enclosed
(ii) Respirator with an organic-vapor­ areas, use either a supplied-air res­
removing cartri dge and a prefilter ap­ pirator with MSHA/NIOSH approval
proved for pesticides with MSHA/ number prefix TC-19C, or a self-con­
NIOSH approval number prefix 'l'C-23C tained breathing apparatus (SCBA)
or with a canister approved for pes­ with MSHA/NIOSH approval number
ticides with MSHA/NIOSH approval TC-13F. "
number prefix 'l'C-14G; or
(iv) Solids. For products that are for­
(iii ) Supplied-air respirator with mulated and applied as soli.ds, the res­
MSHA/NIOSH approval number prefix piratory protection statement shall
'l'C-19C or self-contained breathing ap­ specify: "dust/mist filtering respi rator
paratus (SCBA) with MSHA/NIOSH ap­ (MSHA/NIOSH approval number prefix
TC-21C). "
proval number 'l'C-13F.
(v) L iquids in toxicity category I . For
(2) Respirator type already specified on
labeling . If the existing r espirator y pro­ products that are formulated or applied
tection requirement specifies a res­ as liquids , and, as formulated, have an
pirator type , it shall be retained. 'The acute inhalation toxicity (or its surro­
respirator statement must be revised , gate as specified in paragraph (d)(2) of
if ne cessa ry, to conform to the wording this section) in category I, the res­
in paragraph (g)(l) of this section.
piratory protection statement shall
(3) Respirator type not already specified
specify: "either a respirator with an or­
on labeling. If the existing r espi ratory
ganic-vapor-removing cartridge with a
protection requirement on product la­ prefilter
approvecl
for
pesticides
beling does not specify a respirator (MSHA/NIOSH approval number prefix
t ype as listed in paragraph (g)(l) of this TC-23C), or a canister approved for pes­
section. the specific respirator type ti cides (MSHA/NIOSH approval number
shall be that r equired in the criteria in prefix 14G). ··
paragraphs (g)(3)(ii) through (vi) of this
(vi) Liquids in toxicity category II. For
section.
products that a re formulated or applied
(i) £.~·ception. The· registrant shall as liquids, and, as formulated, have a n
specify a different type of respiratory acute inhalation toxicity (or its surro­
protection device if information, such g-ate as specified in paragraph (d)(2) of
as vapor pressure value, is available to this section) in category II, the res­
the registrant to indicate that the type piratory protection statement shall
of respiratory protection device se­ specify: " For handling activities dur­
lected through the criteria in para­ ing (select uses applicable to the prod­
graphs (g)(3)(ii) through (vi) of this sec­ uct: airblast, mistblower, pressure
tion would not be adequately protec­ greater than 40 p.s.i. with fine droplets,
tive, or might increase risks to the smoke, mist , fog, aerosol or direct
overhead) exposures, wear ei t her a res­
user unnecessarily.
(ii) Gases applied outdoors. For prod­ pirator with an organic-vapor-remov­
ucts that are formulated or applied as ing cartridge with a prefilter approve d
82 Environmental Protection Agency
for pesticides (MSHA/NIOSH approval
number prefix TC-23C), or a canister
approved for pesticides (MSHA/NIOSH
approval number prefix 14G). For all
other exposures, wear a dust/mist fil­
tering respirator (MSHA/NIOSH ap­
proval number prefix TC-21C)."
(h) New respirator requirement estab­
lished for pesticide handlers in this part­
(1) General requirement. If the table in
Pt. 157
(3) If any t ype of equipment other
than the product container may be
used to mix, load, or apply the product,
and there is no requirement for a
chemical-resistant protective suit, the
following statement shall be included:
" For Cleaning Equipment: add a chem­
ical-resistant apron."
(j) Personal protective equipment for
early-entry workers . This paragraph
specifies minimum requirements for
personal protective equipment (as de­
fined in §170.240 of this chapter) and
work clothing for early-entry workers.
(1) For all pesticide products, add the
statement: " For early entry to treated
areas that is permitted under the
Worker Protection Standard and that
involves contact with anything that
has been treated, such as plants, soil,
or water, wear: (list the body protec­
tion,
glove,
footwear , protective
eyewear, and protective headgear, if
applicable, statements specified for ap­
plicators and other handlers, but omit
any r espiratory protection state­
ment)."
(2) If the body protection statement
in t he personal protective equipment
requirement for handlers specifies a
long-sleeved shirt and long pants,
"coveralls" must be specified in the
statement of personal protective equip­
ment for early-entry workers.
(3) If there is no statement requiring
gloves and no prohibition against
gloves for applicators and other han­
dlers under the heading HAZARDS TO
HUMANS (AND DOMESTIC ANIMALS)
in the labeling, add a requirement for
"waterproof gloves" in the statement
of personal protective equipment for
early-entry workers.
paragraph (e) of this section indicates a
respiratory protection device is re­
quired, and existing product labeling
has no respiratory protection require­
ment, the registrant shall add a res­
piratory protection statement t hat
specifies a: '·dust/mist filtering res­
pirator (MSHA/NIOSH approva l num­
ber prefix TC-21C) ."
(2) Exception. 'l'he registrant shall
specify a different type of respiratory
prot ection device if informat ion. such
as vapor pressure value, is available to
the registrant to indicate that the type
of respiratory protection device re­
quired in paragraph (h)(1) of this sec­
tion would not be adequately protec­
tive or might increase risks to the user
unnecessarily.
(i) Additional personal protective equip­
ment requirements for pesticide handlers.
In addition to the minimum personal
prot ective equipment and work cloth­
ing requirements given in the table in
paragraph (e) of this section , the label­
ing statement for any product in tox­
icity category I or II on the basis of
dermal toxicity or skin irritation po­
tent ial (or their surrogate as specified
in para graph (d)(2) of this section),
shall include the following personal
protective equipment instructions, ad­
ditions, or substitutions as applicable:
(1) If the product is not ready-to-use
and there is no existing requirement
for a chemical-resistant suit, the fol­
lowing statement shall be included:
" Mixers/Loaders: add a chemical-re­
sistant apron."
(2) If the application of the product
may r esul t in overhead exposure to any
handler (for example , applicator expo­
sure during ai rblast spraying of or­
chards or flagger exposure during aer­
ial application), the following state­
m ent shall be included: "Overhead Ex­
posure: wear chemical-resistant head­
gear."
[57 FR 38146, Aug. 21, 1992, as amended at 58
FR 34203. June 23. 1993; 73 ~'R 75596, Dec. 12,
2008)
PART 157- PACKAGING REQUIRE­
MENTS FOR PESTICIDES AND DE­
VICES
Subpart A [Reserved]
Subpart B-child-Resistant Packaging
Sec.
157.20 General.
157.21 Definitions.
157.22 When required .
157.24 Exemptions.
83